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DCS SAN. v. OCCUPATIONAL SAF. AND HEALTH COM'N

No. 95-2779.

82 F.3d 812 (1996)

DCS SANITATION MANAGEMENT, INC., Petitioner; v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION; Robert B. Reich, Secretary of Labor, United States Department of Labor, Respondents.

United States Court of Appeals, Eighth Circuit.

Decided May 6, 1996.

Attorney(s) appearing for the Case

Patrick M. Roby (argued), Cedar Rapids, IA (Christopher L. Bruns, on brief), for petitioner.

Edward O. Falkowski (argued), U.S. Dept. of Labor, Washington, DC (Thomas L. Williamson, Jr., Sol. of Labor, Joseph M. Woodward, Associate Sol. of Occupational Safety and Health, Barbara Werthmann, on brief), for Appellate Litigation.

Before WOLLMAN, HEANEY, and BRIGHT, Circuit Judges.

HEANEY, Circuit Judge.

DCS Sanitation Management, Inc. (DCS) appeals the final decision of the Occupational Safety and Health Review Commission (Commission) affirming three citations for willful violation of federal safety regulations. We affirm.

BACKGROUND

In April 1993, Salvador Hernandez was killed when he became caught in a loin saddle table that he was cleaning at the IBP, Inc. meat-packing facility in Madison, Nebraska. Hernandez was an employee...

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